Appeal No. 1999-1413
Application 08/176,024
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims
1 through 7, 11, and 12, which are all of the claims pending in the application.
Claims 1, 4, and 11 are representative and read as follows:
1. A formulation protective against Plasmodium vivax for a time commensurate
with the time monoclonal antibody Navy Vivax Sporozoite 3 (HB10615) remains at
pharmacologically active levels in a subject's blood stream, comprising a pharmaceutical
amount sufficient to provide passive immunization of Navy Vivax Sporozoite 3 (HB10615)
in a pharmaceutically suitable injectable solution.
4. A method of providing protection from Plasmodium vivax induced malaria for
subjects experiencing exposure to infected mosquitoes, for a time commensurate with the
time monoclonal antibody Navy Vivax Sporozoite 3 (HB 10615) remains at
pharmacologically active levels in a subject's blood stream, that comprises introducing and
circulating the antibody Navy Vivax Sporozoite 3 (HB 10615) in the subject's blood stream.
11. A humanized antibody capable of providing passive protection against
Plasmodium vivax wherein said antibody has a variable region comprising the hyper
variable regions of the heavy and light chains of monoclonal antibody Navy Sporozoite 3
(HB10615) and human antibody framework regions.
The examiner relies on the following references:
McCutchan et al (McCutchan 1) 4,694,944 Sept. 15, 1987
McCutchan, T.F. et al (McCutchan 2). “Sequence of the Immunodominant Epitope for the
Surface Protein Sporozoites of Plasmodium vivax,” Science, Vol. 23, pp. 1381-1383
(1985)
Harlow et al. (Harlow), Antibodies, A Laboratory Manual, Cold Spring Harbor Laboratory
pp. 287 (1988)
Charoenvit, Y. et al. (Charoenvit), “Inability of Malaria Vaccine to Induce Antibodies to a
Protective Epitope Within its Sequence,” Science, Vol. 251, pp. 668-671 (1991)
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